cloth 0-87722-826-4 $72.50, Nov 91, Out of Stock Unavailable
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316 pp
6x9
"This is a well written and clearly argued book. Adler's rectificatory theory of punishment breaks new ground and presents a convincing case for penalties of community service. Philosophers interested in Rawls' theory of justice will find his attempt to locate a place for punishment within Rawls' theory interesting."
Richard W. Burgh, Professor of Philosophy, Rider College
While most philosophers who write about punishment ask, "Why may we punish the guilty?" Jacob Adler asks, "To what extent does a guilty person have a duty to submit to punishment?" He maintains that if we are to justify any system of punishment by the state, we must explain why persons guilty of an offense are morally bound to submit to punitive treatment, or to undertake it on their own. Using Rawls's theory of social contract as a framework, the author presents what he calls the rectification theory of punishment.
After examining punishment from two points of viewthat of the punisher and that of the offender who is to be punishedAdler proposes the Paradigm of the Conscientious Punishee: a repentant wrongdoer who views punishment as not necessarily unpleasant, but as something it is morally incumbent upon one to undertake. The author argues that this paradigm must play a central role in the theory of punishment. Citing community service projects and penances for sin (as required by some religions), Adler argues that punishment need not involve pain or any other disvalue. Instead he defines it in terms of its justificatiory connection with wrongdoing: punishment is that which is justified by the prior commission of an offense and generally not justified without the prior commission of an offense.
The rectification theory applies particularly to offenses involving basic liberties. It is based on the assumption that each person is guaranteed the right to an inviolable sphere of liberty. Someone who commits an offense has expanded his or her sphere by arrogating excess liberties. In order to maintain the equality on which this theory rests, an equivalent body of liberties must be given up. In discussing applications of the theory, Adler demonstrates that active service (as punishment) is more effective in safeguarding important rights and interests and maintaining the social contract than is afflictive punishment.
Excerpt available at www.temple.edu/tempress
Acknowledgments
Introduction
Part I: A Metatheory of Punishment
1. Why Submit to Punishment?
How to Justify Punishment
Submission to Punishment: A Brief History
The Need to Address the Question of Submission
Civil Disobedience
2. Two Paradigms of Punishment
The Two Paradigms
The Status of the Two Paradigms
The Priority of the Conscientious Paradigm
Submission to Punishment and the Traditional Theories
Nontraditional Theories
3. It Doesn't Have to Hurt: Punishment, Suffering, and Other Evils
The History of the Standard View
Refutation of the Standard View: The Main Grounds
Additional Counterexamples
The Psychology of Positive Punishment
Disvalue and the Justification of Punishment
Concessions to the Standard View
4. What is Punishment?
A Definition
Applications
Definition and Justification
Part II: A Theory of Punishment
5. The Rectification Theory of Punishment
Equal Basic Rights
The Kernel of the Theory
How to Broaden Your Sphere
The Extent of the Broadening
Determining the Sentence
An Objection: Future or Past Rights?
Suffering Not Essential
A True Claim of Rights
Interpretation of the Punishment
How to Restrict Your Own Liberty
Remission of Punishment
Affinities to Other Views
6. The Rectification Theory: Application and Evaluation
The Domain of the Principle
Attempts and Victimless Offenses
Punishment of Recidivists
Community Service
Imprisonment
Penance for Sins
Evaluation
7. Punishment and Contract
Overview
Methodology for Nonideal Theory
Making the Contract
The Content of the Contract
Principles of Interpretation
Applicability of the Contract, Division of Offenses
Applying the Contract
Transfer to the Real World
Hamlet without the Prince
7. Punishment, Contract, and Fraternity
An Objection
The Social Contract as Relational Contract
The Fraternal Society
The Questions Answered
Appendix
Notes
Index
Jacob Adler is Associate Professor of Philosophy at the University of Arkansas. |
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